Reform of immigration law: what changes for exceptional admission to residence for foreigners?

Over the past year, numerous legislative and regulatory changes have been made with regard to exceptional admission to residence (AES).

AES is a regularization mechanism for foreigners in an irregular situation, provided for in Article L. 435-1 of the Code on the Entry and Stay of Foreigners and the Right of Asylum (CESEDA):

"Foreign nationals whose admission to residence is based on humanitarian considerations or justified by the exceptional reasons they put forward may be issued with a temporary residence permit marked ‘employee’, ‘temporary worker’ or ‘private and family life’, without the condition set out in Article L. 412-1 being enforceable. "

Over the course of reforms to immigration law, this method of regularization has been gradually restricted, and since the law of January 26, 2024, and the circular of January 23, 2025, known as the “Retailleau” circular, on regularization for professions in high demand or integration in France assessed on the basis of seven years of residence and a good command of the French language.

Firstly, regularization through professional practice in a profession experiencing labor shortages was introduced in Article L. 435-4 of the CESEDA. This article provides for the possibility of granting a residence permit to people working in a profession experiencing labor shortages, i.e., in sectors of activity where there are recruitment difficulties depending on the geographical area.

An updated list of professions in high demand by region is published each year. To consult the list of professions in high demand published by the decree of May 21, 2025: link.

To be eligible for this regularization process, foreign nationals must meet several conditions:

- They must prove that they have worked or are currently working in a profession in high demand for at least twelve months, continuously or not, over the last twenty-four months;

- They must prove that they have resided continuously in France for at least three years.

As part of the process, they must carefully complete the “Métier en tension” (shortage occupation) form, which must be submitted when requesting an appointment and filing the application with the prefecture. They must also attach a work permit application, which will be automatically issued if their AES application is approved.

Since the publication of the Retailleau circular, applications for an “employee” residence permit can only be made on the basis of employment in a profession in high demand.

As a result, foreign nationals working outside of a profession experiencing labor shortages can no longer regularize their status under the AES on the basis of employment. If they wish to regularize their status, they must meet the conditions of the second route to regularization offered by the Retailleau circular, namely sufficient integration in France.

Secondly, the Retailleau circular now provides that a foreign national who can prove that they are well integrated in France may be issued with a “Private and family life” residence permit under the exceptional admission to residence provided for in Article L. 435-1 of the CESEDA.

This integration is assessed on the basis of uninterrupted presence in France for seven years and a good command of the French language.

It is also assessed by the administration on the basis of professional integration, social integration, and personal and family ties in France.

Proficiency in the French language must be proven by producing a French diploma or French language certification or any other document proving a good command of the French language. However, no text specifies what level of language proficiency is expected.

Furthermore, when the foreign national can prove strong personal and family ties in France, an application for a residence permit may be submitted on the basis of Article L. 423-23 of the CESEDA, which does not fall within the scope of exceptional admission to residence and for which the administration has less discretion with regard to whether or not a refusal of a residence permit on this basis would disproportionately affect the applicant's private and family life.

The gradual implementation of this new regularization procedure has had significant consequences for foreigners whose AES applications were under review.

For individuals residing in the Île-de-France region, these consequences are all the more visible in view of the avalanche of appointment requests on Démarches Simplifiées that have been closed without further action.

In fact, taking note of developments in this area, and in line with the ongoing drive to digitize procedures, a new form is gradually being rolled out on Démarches Simplifiées. This currently concerns the departments of PARIS (75), Yvelines (78), Seine-Saint-Denis (93), and Val-de-Marne (94).

The rollout of this new platform requires foreigners to submit or resubmit appointment requests for jobs in high demand or for successful integration in France, if the conditions are met.

As part of these new administrative procedures, the lawyers at Terravocats will provide you with the best possible assistance and support you through the process of regularizing your situation.